Transcription
ACFE SATHE PROMOTION OF ACCESS TO INFORMATION MANUAL
TABLE OF CONTENTS1. Preamble . 32. About the ACFE SA . 33. Contact Details . 34. Information Regulators Guide . 45. Objectives of this Manual. 46. Entry point for requests . 57. Automatically available information . 68. Information available in terms of POPIA. 69. Information available in terms of other legislation . 810.Categories of records available upon request . 911.Request procedure . 1112.Remedies available to a Requester on refusal of access . 1413.Availability of this Manual . 14Annexure A Form C: Request Form . 15Annexure B Fees in respect of Private Bodies . 212 Page
1.PreambleThe Promotion of Access to Information Act, 2000 ("PAIA") came into operation on 9 March2001. PAIA seeks to give natural and juristic persons the right of access to records held byeither a private or public body, subject to certain limitations, in order to enable them to exerciseor protect their rights.Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtainaccess to information held by such private body and stipulates the minimum requirements thatthe manual has to comply with.This Manual constitutes the ACFE SA PAIA manual. This Manual is compiled in accordancewith section 51 of Promotion of Access to Information Act, 2000 ("PAIA") as amended bythe Protection of Personal Information Act, 2013 ("POPIA").2.About the ACFE SAThe Association of Certified Fraud Examiners South African Chapter (ACFE SA) is an officialnational Chapter of the ACFE International, and is a recognised professional body for fraudexamination practitioners in South Africa. ACFE SA is registered by the South AfricanQualifications Authority (SAQA), in terms of the National Qualifications Framework Act, Act67 of 2008, which officially affords professional status to everybody with the CFE qualification,and recognises the ACFE SA as constituted to represent and regulate anti-fraud professionalswho are members of ACFE SA.3.Contact detailsName of Private Body:ASSOCIATION OF CERTIFIEDFRAUD EXAMINERS NPO T/AACFE SA(Registration Number:1999/014890/08)3 Page
Information Officer:Adv. Minette NiemannEmail address of Informationminette@acfesa.co.zaOfficer:Postal address:Block A, De Goedehoop Close OfficePark, 121 Sovereign Drive, Route 21Corporate Park, Irene, 0157Street address:Block A, De Goedehoop Close OfficePark, 121 Sovereign Drive, Route 21Corporate Park, Irene, 0157Phone number:4.012 346 1913Information Regulators GuideAn Official Guide has been compiled which contains information to assist a person wishing toexercise a right of access to information in terms of PAIA and POPIA. This Guide is madeavailable by the Information Regulator (established in terms of POPIA). Copies of the updatedGuide are available from Information Regulator in the manner prescribed. Any enquiriesregarding the Guide should be directed to:Postal Address:33 Hoofd StreetForum III, 3rd Floor BraamparkBraamfontein, Johannesburg5.E-mail justice.gov.za/inforeg/Objectives of this ManualThe objectives of this Manual are: 4 Pageto provide a list of all records held by the legal entity;
to set out the requirements with regard to who may request information in terms ofPAIA as well as the grounds on which a request may be denied;6. to define the manner and form in which a request for information must be submitted; and to comply with the additional requirements imposed by POPIA.Entry point for requestsPAIA provides that a person may only request information if the information is required forthe exercise or protection of a legitimate right.Information will therefore not be furnished unless a person provides sufficient particulars toenable the ACFE SA to identify the right that the requester is seeking to protect as well as anexplanation as to why the requested information is required for the exercise or protection ofthat right. The exercise of an individual’s rights is subject to justifiable limitations, includingthe reasonable protection of privacy, commercial confidentiality and effective, efficient andgood governance. PAIA and the request procedure contained in this Manual may not be usedfor access to a record for criminal or civil proceedings, nor should the information be requestedafter the commencement of such proceedings.The Information Officer has been delegated with the task of receiving and coordinating allrequests for access to records in terms of PAIA, in order to ensure proper compliance withPAIA and POPIA.The Information Officer will facilitate the liaison with the internal legal team on all of theserequests.All requests in terms of PAIA and this Manual must be addressed to the Information Officerusing the details in paragraph 3 above.7.Automatically available informationInformation that is obtainable via the ACFE SA’s website about the ACFE SA is automatically5 Page
available and need not be formally requested in terms of this Manual.The following categories of records are automatically available for inspection, purchase orphotocopying:8. brochures press releases; and publications.Information available in terms of POPIAIn terms of POPIA, personal information must be processed for a specified purpose. Thepurpose for which data is processed by the ACFE SA will depend on the nature of the dataand the particular data subject. This purpose is ordinarily disclosed, explicitly or implicitly, atthe time the data is collected. Please also refer to the ACFE SA’s privacy policy which can befound on the ACFE SA’s website for further information.8.1.Categories of personal information collected by the ACFE SAThe ACFE SA collects the following categories of personal information:6 Page contact details; company information; date of birth; education; employment history; gender; identity number and passport numbers; language; medical Information names; nationality;
8.2. physical and postal addresses; and other designation information.The purpose of processing personal informationThe type of personal information that we process will depend on the purpose for whichit is collected. We will disclose to you why the personal information is being collectedand will process the personal information for that purpose only.8.3.A description of the categories of data subjects and the information or categoriesof information relating theretoThe ACFE SA holds information and records on the following categories of datasubjects:8.4. personnel of the ACFE SA; members of the ACFE SA; MoU partners of the ACFE SA sponsors of the ACFE SA; suppliers of the ACFE SA; and service providers of the ACFE SA.The recipients or categories of recipients to whom the personal informationmay be suppliedDepending on the nature of the personal information, the ACFE SA may supplyinformation or records to the following categories of recipients: statutory oversight bodies, regulators or judicial commissions of enquiryrequesting data; any court, administrative or judicial forum, arbitration making a request fordata or discovery in terms of the applicable rules (i.e. South African RevenueServices, or another similar authority and anyone making a successfulapplication for access in terms of PAIA; and7 Page
any person who conducts business with the ACFE SA, in the ordinary course ofbusiness.8.5.Planned transborder flows of personal informationThe ACFE SA may need to transfer a data subject’s information to service providersin countries outside South Africa, in which case the ACFE SA will fully comply withapplicable data privacy and protection legislation. This may happen if the ACFE SA’sservers or suppliers and service providers are based outside South Africa, or if theACFE SA’s services are hosted in systems or servers outside South Africa and/or if adata subject uses the ACFE SA’s services while visiting countries outside this area.These countries may not have data protection laws which are similar to those of SouthAfrica.8.6.A general description of information security measures to be implemented bythe ACFE SAThe ACFE SA takes appropriate technical and organisational measures designed toensure that personal information remains confidential and secure against unauthorisedor unlawful processing and against accidental loss, destruction or damage.9.Information available in terms of other legislationInformation is available in terms of certain provisions of the following legislation to thepersons or entities specified in such legislation:8 Page Basic Conditions of Employment Act 75 of 1997 Companies Act 61 of 1973 Compensation for Occupational Injuries and Health Diseases Act 130 of 1993 Employment Equity Act 55 of 1998 Electronic Communications and Transactions Act 25 of 2002 Income Tax Act 58 of 1962 Labour Relations Act 66 of 1995
10. Non-Profit Organisations Act 71 of 1997 Non-Profit Organisations Amendment Act of 2000 Occupational Health & Safety Act 85 of 1993 Skills Development Act 97 of 1998Skills Development Levies Act 9 of 1999 Unemployment Contributions Act 4 of 2002 Unemployment Insurance Act 30 of 1966 Value Added Tax Act 89 of 1991Categories of records available upon requestThe ACFE SA maintains records on the categories and subject matters listed below. Pleasenote that recording a category or subject matter in this Manual does not imply that a requestfor access to such records would be honoured. All access requests will be evaluated on a caseby case basis in accordance with the provisions of PAIA.Please note further that many of the records held by the ACFE SA are those of third parties,such as employees, members and sponsors, and the ACFE SA takes the protection of third partyconfidential information very seriously. For further information on the grounds of refusal ofaccess to a record please see paragraph 11.5 below. Requests for access to these records willbe considered very carefully. Please ensure that requests for such records are carefullymotivated.9 Page
CATEGORY OF RECORDSInternal recordsRECORDS Certificate of incorporationThe records listed pertain to the ACFE SA’sand memorandum ofown affairsincorporation; Financial records Operational records Intellectual property Fundraising records; Internal correspondence; Service records; Statutory records; Internal policies and procedures; Minutes of meetings; Charters, codes of conduct and policies(both internal and external) to which theACFE SA and its personnel andmembers subscribe; and Records held by officials of the ACFESA.Personnel records our personnel;For the purposes of this section,“personnel” means any person who works for or provides services to or on behalf ofthe ACFE SA and receives or is entitled toAny personal records provided to us byAny records a third party has providedto us about any of their personnel; Conditions of employment and otherreceive any remuneration and any otherpersonnel-related contractual and quasiperson who assists in carrying out orlegal records;conducting the business of the ACFE SA.This includes directors, all permanent,temporary and part-time staff as well as10 P a g e Employment policies and procedures; Internal evaluation and disciplinary
consultants and contract workers.records; and Other internal records andcorrespondence.Member-related records Any member records provided to us byour members; Any member records provided to us byACFE International; Anyrecordscorporatemembersprovided to us about any of theirpersonnel;MoU Partner-related records Records, reports, designs and the likegenerated for MoU Partners; and Records generated pertaining to MoUPartners, including transactional recordsSponsor-related records Fundraising agreements with sponsors; Records, reports, designs and the likegenerated for sponsors; and Records generated pertaining to thesponsor, including transactional recordsOther records Procurement and administration for theACFE SA; and Research information belonging to theACFE SA; ACFE International orcarried out on behalf of a third party.11.Request procedureIf you are satisfied that you are entitled to request access to certain information under PAIA,the request procedure outlined below must be followed.11 P a g e
11.1.Completion of the prescribed formAny request for access to a record in terms of PAIA must substantially correspondwith Form C of Annexure B to Government Notice No. R.187 dated 15 February 2002and should be specific in terms of the record requested.The prescribed form is attached to this Manual for ease of reference in Annexure A.A request for access to information which does not comply with the formalities asprescribed by PAIA will be returned to you.11.2.Proof of identityProof of identity is required to authenticate your identity and the request. You will, inaddition to this prescribed form, be required to submit acceptable proof of identitysuch as a certified copy of your identity document or other legal forms of identity.11.3.Payment of the prescribed feesThere are two categories of fees which are payable: The request fee: R50 The access fee: This is calculated by taking into account reproduction costs,search and preparation costs, as well as postal costs. These fees are set out inAnnexure B.Section 54 of PAIA entitles the ACFE SA to levy a charge or to request a fee to enableit to recover the cost of processing a request and providing access to records. The feesthat may be charged are set out in Regulation 9(2)(c) promulgated under PAIA.Where a decision to grant a request has been taken, the record will not be discloseduntil the necessary fees have been paid in full.11.4.12 P a g eTimelines for consideration of a request for access
Requests will be processed within 30 (thirty) days unless the request containsconsiderations that are of such a nature that an extension of the time limit is needed.Should an extension be required, you will be notified, together with reasons explainingwhy the extension is necessary.11.5.Grounds for refusal of access and protection of informationThere are various grounds upon which a request for access to a record may be refused.These grounds include: the protection of personal information of a third person (who is a naturalperson) from unreasonable disclosure; the protection of commercial information of a third party (for example tradesecrets; financial, commercial, scientific or technical information that mayharm the commercial or financial interests of a third party); if disclosure would result in the breach of a duty of confidence owed to a thirdparty; if disclosure would jeopardise the safety of an individual or prejudiceor impair certain property rights of a third person; if the record was produced during legal proceedings, unless that legalprivilege has been waived; and/or if the record contains information about research being carried out orabout to be carried out on behalf of a third party or by the ACFE SA.Section 70 PAIA contains an overriding provision. Disclosure of a record iscompulsory if it would reveal (i) a substantial contravention of, or failure to complywith the law; or (ii) there is an imminent and serious public safety or environmentalrisk; and (iii) the public interest in the disclosure of the record in question outweighsthe harm contemplated by its disclosure.13 P a g e
If the request for access to information affects a third party, then such third party mustfirst be informed within 21 (twenty one) days of receipt of the request. The third partywould then have a further 21 (twenty one) days to make representations and/orsubmissions regarding the granting of access to the record.12.Remedies available to a Requester on refusal of accessIf the Information Officer decides to grant you access to the particular record, such accessmust be granted within 30 (thirty) days of being informed of the decision.There is no internal appeal procedure that may be followed after a request to accessinformation has been refused. The decision made by the Information Officer is final. In theevent that you are not satisfied with the outcome of the request, you are entitled to apply to acourt of competent jurisdiction to take the matter further.Where a third party is affected by the request for access and the Information Officer hasdecided to grant you access to the record, the third party has 30 (thirty) days in which to appealthe decision in a court of competent jurisdiction. If no appeal has been lodged by the thirdparty within 30 (thirty) days, you must be granted access to the record.13.Availability of this ManualCopies of this Manual are available for inspection, free of charge, at the offices of the ACFESA and www.acfesa.co.za.14 P a g e
ANNEXURE AFORM CREQUEST FOR ACCESS TO RECORD OF PRIVATE BODYA. PARTICULARS OF THE ACFE SA’S INFORMATION OFFICERRequests can be submitted either via post or e-mail and should be addressed to the InformationOfficer as indicated below:Information OfficerAdv. Minette NiemannStreet AddressBlock A, De Goedehoop CloseOffice Park,121 Sovereign Drive,Route 21 Corporate Park,Irene,0157Postal AddressBlock A, De Goedehoop CloseOffice Park,121 Sovereign Drive,Route 21 Corporate Park,Irene,0157Telephone087 004 za15 P a g e
B. PARTICULARS OF PERSON REQUESTING ACCESS TO THE RECORDa)The particulars of the person who requests access to the record must be given below.b)The address and/or fax number in the Republic to which the information is to be sent must be given.c)Proof of capacity in which the request is made, if applicable, must be attached.Full names and surname:Identity number: Postal address: Faxnumber:Telephone number:E-mail address:Capacity in which the request is made, when made on behalf of another person:C. PARTICULARS OF PERSON REQUESTING ACCESS TO THE RECORD (IF ALEGAL ENTITY)a)The particulars of the entity who requests access to the record must be given below.b)The address and/or fax number in the Republic to which the information is to be sent must be given.c)Proof of capacity in which the request is made, if applicable, must be attached.Name of entity: Registration number:Postal address:Fax number:Telephone number:E-mail address:16 P a g e
D. PARTICULARS OF PERSON ON WHOSE BEHALF REQUEST IS MADEThis section must ONLY be completed if a request for information is made on behalf of another person.Full names and surname:Identity number:E. PARTICULARS OF RECORDa)Provide full particulars of the record to which access is requested, including the reference number if it isknown to you, to enable the record to be requested.b)If the space provided is inadequate, please use a separate folio and attach it to this form. Please sign anyadditional folios.Description of record or relevant part of the record:Reference number (if available):Any further particulars of record:F. FEESa)A request for access to a record will be processed only after a request fee has been paid.b)You will be notified of the amount to be paid as the request fee.c)The fee payable for access to a record depends on the form in which access is required and the reasonabletime required to search for and prepare a record.d)If you qualify for exemption of the payment of any fee, please state the reason for exemption.17 P a g e
G. FORM OF ACCESS TO RECORDIf you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4hereunder, state your disability and indicate in which form the record is required.Disability:Form in which record is requiredForm in which record is required:Mark the appropriate box with an X.NOTES:(a) Compliance with your request in the specified form may depend on the form in which the record is available.(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if accesswill be granted in another form.(c) The fee payable for access for the record, if any, will be determined partly by the form in which access is requested.1. If the record is in written or printed form:copy of record*inspection of record2. If record consists of visual imagesthis includes photographs, slides, video recordings, computer-generated images, sketches, etc)transcription of theview the imagescopy of the images"images*3. If record consists of recorded words or information which can be reproduced insound:listen to the soundtrackaudio cassettetranscription of soundtrack*written or printed document4. If record is held on computer or in an electronic or machine-readable form:printed copy of informationcopy in computer readable form*derived from the record"(stiffy or compact disc)printed copy of record*'If you requested a copy or transcription of a record (above), do you wish thecopy or transcription to be posted to you?YESNOPostage is payable.Note that if the record is not available in the language you prefer, access may be granted in the language in18 P a g e
which the record is available.In which language would you prefer the record?In the event of a disabilityIf you are prevented by a disability from reading, viewing or listening to the record, state your disabilityand indicate in the form in which the record is required:DisabilityForm in which record is requiredH. PARTICULARS OF RIGHT TO BE EXERCISED OR PROTECTEDIf the space provided is inadequate, please continue on a separate folio and attach it to this form. The requestermust sign all folios1.Indicate the right to be exercised or protected:2.Explain why the record requested is required for the exercise or protection of the aforementionedright:I. NOTICE OF DECISION REGARDING REQUEST FOR ACCESSYou will be notified in writing whether your request has been approved or denied. If you wish to beinformed in another manner, please specify the manner and provide the necessary particulars to enablecompliance with your request.How would you prefer to be informed of the decision regarding your request for access to the record?19 P a g e
Signed at on this day of . 20 .SIGNATURE OF REQUESTER/PERSON ONWHOSE BEHALF REQUEST IS MADEPRINT NAME:YOU MUST123Complete all necessary spacesSign the access request form SignSign additional folios completed20 P a g eSEND WITH THIS APPLICATION1The request fee2Any additional folios completed3Copy of Identity Document
ANNEXURE BFEES IN RESPECT OF PRIVATE BODIESDESCRIPTIONRANDThe fee for a copy of the manual as contemplated in regulation 9(2)(c) - for every1photocopy of an A4-size page or part thereof.2The fees for reproduction referred to in regulation 11(1) are as follows:(a)For every photocopy of an A4-size page or part thereof1,101,10For every printed copy of an A4-size page or part thereof held on a computer or in electronic(b)or machine readable form(c)For a copy in a computer-readable form on -(i)stiffy disc7,50(ii)compact disc70,00For a transcription of visual images, for an A4-size page or part thereof40,00For a copy of visual images60,00For a transcription of an audio record, for an A4-size page or part thereof20,00For a copy of an audio record30,00(d)(i)(ii)(e)(i)(ii)0,75The request fee payable by a requester, other than a personal requester, referred to in3regulation 11(2)4The access fees payable by a requester referred to in regulation 11(3) are as follows:4.1(a)For every photocopy of an A4-size page or part thereof50,001,10For every printed copy of an A4-size page or part thereof held on a computer or in electronic(b)or machine readable form(c)For a copy in a computer-readable form on -(i)stiffy disc21 P a g e0,757,50
(ii)(d)(i)(ii)(e)(i)(ii)(f)compact disc70,00For a transcription of visual images, for an A4-size page or part thereof40,00For a copy of visual images60,00For a transcription of an audio record, for an A4-size page or part thereof20,00For a copy of an audio record30,00To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonablyrequired for such search and preparation.4.2For purposes of section 54(2) of the Act, the following applies:(a)Six hours as the hours to be exceeded before a deposit is payable; and(b)one third of the access fee is payable as a deposit by the requester.4.3The actual postage is payable when a copy of a record must be posted to a requester.22 P a g e
This Manual constitutes the ACFE SA PAIA manual. This Manual is compiled in accordance with section 51 of Promotion of Access to Information Act, 2000 ("PAIA") as amended by the Protection of Personal Information Act, 2013 ("POPIA"). 2. About the ACFE SA The Association of Certified Fraud Examiners South African Chapter (ACFE SA) is an official
